Rule 9.125 — Review of Trial Court Orders and Judgments Certified by the District Courts of Appeal as Requiring Immediate Resolution by the Supreme Court

Original Text Simplified Text

(a) Applicability. This rule applies to any order or judgment of a trial court that has been certified by the district court of appeal to require immediate resolution by the supreme court because the issues pending in the district court are of great public importance or have a great effect on the proper administration of justice throughout the state. The district court of appeal may make such certification on its own motion or on suggestion by a party.

(b) Commencement. The jurisdiction of the supreme court is invoked on rendition of the certificate by the district court of appeal.

(c) Suggestion. Any party may file with the district court and serve on the parties a suggestion that the order to be reviewed should be certified by the district court to the supreme court. The suggestion shall be substantially in the form prescribed by this rule and shall be filed within 10 days from the filing of the notice of appeal.

(d) Response. Any party may file a response within 5 days of the service of the suggestion.

(e) Form. The suggestion shall be limited to 5 pages and shall contain all of the following elements:

  1. (1) A statement of why the appeal requires immediate resolution by the supreme court.
  2. (2) A statement of why the appeal (A) is of great public importance, or (B) will have a great effect on the proper administration of justice throughout the state.
  3. (3) A certificate signed by the attorney stating: I express a belief, based on a reasoned and studied professional judgment, that this appeal requires immediate resolution by the supreme court and (a) is of great public importance, or (b) will have a great effect on the administration of justice throughout the state. /s/ . Attorney for .....(name of party)..... .....(address and phone number)..... Florida Bar No. .................... E-mail Address:....................
  4. (4) An appendix containing a conformed copy of the order to be reviewed.

(f) Effect of Suggestion. The district court shall not be required to rule on the suggestion and neither the filing of a suggestion nor the rendition by the district court of its certificate shall alter the applicable time limitations or place of filing. If an order is rendered granting or denying certification, no rehearing shall be permitted.

(g) Procedure When Supreme Court Accepts Jurisdiction. The jurisdiction of the supreme court attaches on rendition of the order accepting jurisdiction. If the supreme court accepts jurisdiction, it shall so order and advise the parties, the clerk of the district court, and the clerk of the lower tribunal. The clerk of the court in possession of the record shall electronically transmit the record in the case to the supreme court within 10 days thereafter. The supreme court shall issue a briefing schedule and all papers formerly required to be filed in the district court shall be filed in the supreme court. If the supreme court denies jurisdiction, it shall so order and advise the parties and the clerk of the district court.

"Pass-Through" Jurisdiction: This rule outlines a rare procedure that allows a case to "pass through" or skip over the District Court of Appeal and go directly to the Florida Supreme Court for an immediate decision.

(a) When It Applies: This can only happen when a District Court of Appeal "certifies" that an appeal pending before it is of such great public importance or will have such a great effect on the justice system that it needs to be decided by the Supreme Court right away.

(c) Suggesting Certification: While the District Court can do this on its own, a party can also formally "suggest" it. This suggestion must be a short document (5 pages max) that explains why the case is so important and requires an immediate statewide resolution. This suggestion must be filed within 10 days of filing the initial notice of appeal.

(f) Effect of Suggestion: The District Court is not required to rule on the suggestion. It is simply a request, and filing one does not change any of the normal deadlines or procedures in the District Court.

(g) If the Supreme Court Accepts: If the District Court does certify the case and the Supreme Court agrees to hear it ("accepts jurisdiction"), the case is transferred directly to the Supreme Court, which will then set its own schedule for briefing and oral argument.

Rule 9.120 Rule 9.130
Back to Table of Contents
Cite as Fla. R. App. P. 9.125 Copy icon
Copied!